Namita Kar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No. 11839 of 2022 Namita Kar ....

Petitioner Mr.N.P. Patra, Advocate -Versus - State of Odisha and another ....

Opposite Parties Mr. P.K. Panda, Standing Counsel for School and Mass Education Department

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 02.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

1.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner is aggrieved by merger of the Primary School of his village, namely, Golapatna Upper Primary School with Bhimapur Primary School, which is about 2 Kms away from the said village. It is submitted that most of the children of the School have to walk nearly two kilometers through a forest and adjacent road to reach the school. Most of the parents are also daily wage earners for which it is not possible on their part to accompany the children to the school everyday. It is further urged that the decision to merge the school was taken without proper inquiry as regards the students' strength and the other factors. Ventilating their grievance, the villagers, including the present petitioner have approached the

Collector by submitting a representation on 22.03.2021, which is enclosed as Annexure-1 to the writ application. The Collector appears to have directed the DEO to cause inquiry and to submit a report. It is submitted that till date no such enquiry has been conducted nor any report submitted.

4.

Considering the above facts and without expressing any opinion on the merits of the case, the writ petition is disposed of with a direction to the Collector, Khordha to dispose of the representation dated 22.03.2021 submitted by the petitioner and other villagers of Golapatna village as early as possible preferably, within a period of four weeks after affording proper opportunity of hearing to the petitioner. It is further directed that the Collector shall cause an inquiry to be made on the points raised by the petitioner in his representation and pass a lawful order thereon. 5.

The writ petition is disposed of accordingly. 6.

Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge B.C. Tudu